Albanian drug dealer who illegally sneaked back into Britain weeks after being deported succeeds in remaining in the UK by judge

Daily Mail​

4 hours ago

An Albanian drug dealer who sneaked back into Britain just weeks after being deported has succeed to remain in the UK - even after committing more crimes on his return.
Stiljano Ziu has been allowed to stay in the UK despite the asylum court hearing he committed a 'flagrant' breach of immigration laws, having already been deported from the country once.
Ziu was jailed for producing cannabis just months after entering Britain illegally, it was heard.
He then 'took advantage of the early release scheme' by agreeing to deportation in exchange for finishing his sentence early.
He then entered the UK again illegally just weeks later.
During his second illegal stint in the UK, which is still ongoing, Ziu committed more drugs offences and was recently jailed for four and a half years.
A crown court judge previously said of Ziu that he came to the UK 'prepared to do any activity, legal or illegal', the asylum court heard.
However, after a long and complicated legal process he has won his fight to remain in the UK after the Immigration and Asylum Chamber of the Upper Tribunal ruled in his favour.
Ziu won his appeal due to his marriage to a Greek woman in the UK after entering the country for the second time.
The Home Office had refused to give him a residence card after his marriage.
Ziu won his case after the asylum court heard he was not a 'present threat'.
Ziu may still face deportation as a result of his recent drugs conviction, Upper Tribunal Judge Jonathan Perkins said.
The Upper Tribunal heard Ziu first entered the UK unlawfully in 2017 or 2018 and by November 2018 was convicted of producing cannabis charges and was jailed for nine months.
He was released from his prison sentence early, on the basis he agreed to be deported in December 2018.
However he was already back in early 2019.
'He returned within weeks in clear breach of the deportation order', the tribunal was told.
'There can be no clearer case of abuse of immigration laws.
'He took advantage of the early release scheme and had no intention of remaining in Albania.
'He had the resources, means and contacts to return illegally.'
His presence in the UK went unnoticed until December 2020 when he applied for a residence card as the spouse of a Greek woman exercising treaty rights in the UK.
He had met her upon his return and married her in April 2021.
'He is still benefitting from his illegal entry and worked illegally too', it was heard.
The Home Office refused Ziu's request, leading to his case at the asylum court.
During court hearings it had to be determined whether the Home Office had showed that Ziu presented a 'present threat'.
At one hearing in 2022, the Home Office accepted that there was 'not a present serious threat in relation to a propensity to re-offend'.
At a 2023 hearing, Ziu won the first stage of his appeal.
The judge in 2023 criticised Ziu's 'flagrant and serious breach of UK immigration laws' but said the Home Office had not shown he was a 'present threat' of re-offending.
The decision led to the Home Office appealing it at the Upper Tribunal.
Before the Upper Tribunal hearing, Ziu wrote a letter stating that in November 2024 he was jailed for four and a half years for conspiring to supply class B drugs.
The offending happened between January 2020 and June 2022.
At the Upper Tribunal hearing, it was ruled that the Home Office had not successfully challenged the 2023 decision that Ziu was not a risk of re-offending.
But, Judge Perkins admitted 'it may be that this case has been an academic exercise' because Ziu may now face deportation due to his recent conviction.
Judge Perkins said: 'Putting everything together we are satisfied that the judge [in 2023] made a decision that was open to her and gave lawful reasons.
'We therefore dismiss the Secretary of State's appeal.
'What happens next is of course a matter for the Secretary of State.
'However, [Ziu] must understand that his recent conviction has resulted in a sentence that may require his deportation from the United Kingdom and that is something the Secretary of State will consider.
'Nevertheless... we find that the Secretary of State has failed to show that the [2023] tribunal erred in law and we dismiss the Secretary of State's appeal.'